Adopting from Fiji

Hague Convention Information

Fiji is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoption processing in Hague countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Fiji.

Intercountry adoption is not possible from Fiji at this time. For more information please see the related notice.

Who Can Adopt

To bring an adopted child to United States from Fiji, you must be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.

In addition to these U.S. requirements for prospective adoptive parents, Fiji also has the following requirements for prospective adoptive parents:

Residency

According to Fiji law American citizens wishing to adopt orphans from that country MUST be residents in the Republic of Fiji. This means applicants are living and/or working in Fiji, or have property or other demonstrated connections to Fiji. Prospective adoptive parents must be long-term residents of Fiji (at least 3 months) in order for them to apply for and be granted a full and final adoption order. Prospective adoptive parents must be physically present in court to file an application for adoption and must remain in Fiji until the final adoption order is granted. In addition, applicants must reside with a child or contribute to a child's welfare for a minimum of three months prior to application.

Age of Adopting Parents

At least one prospective adoptive parent must have attained the age of 25. Applicants must be at least 21 years older than the child.

Marriage

A single male applicant cannot adopt a female child. Fiji law permits both single and married foreigners to adopt Fijian children.

Income

Income should be above average and prospective adoptive parents should live in a conducive environment. Proof of income will have to be submitted to the Department of Social Welfare.

Other

The applicants must have no adverse police record relating to any offense involving violence towards a child or abuse of child. The applicant must be able to provide a secure and stable home environment for the child. The court and the Department of Social Welfare are inclined to look more favorable on cases where the child and the adoptive parents are related by blood. Most orphan visa cases involve prospective adoptive parents who are former residents of Fiji and who have family ties in Fiji. The Fijian court takes these issues into account when deciding whether the prospective adoptive parents have fulfilled Fiji's residency requirements.

Who Can Be Adopted

Fiji has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Fiji unless he or she meets these requirements.

In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to bring him or her back to the United States. Learn more about these U.S. requirements.

ELIGIBILITY REQUIREMENTS:

Relinquishment Requirements: An adoption order shall not be made in the case of any child unless the child has been continuously in the care and possession of the prospective adoptive parents for at least three consecutive months immediately preceding the date of the order.

Abandonment Requirements: An adoption order shall not be made except with the consent of every person or body who is a parent or guardian of the infant, or who is liable by virtue of any order or agreement to contribute to the maintenance of the infant:

A. Provided that the court may dispense with any consent required by this subsection if it is satisfied:

B. In the case of a parent or guardian of the infant, that he has abandoned, neglected or persistently ill-treated the infant, or has made no contribution to its maintenance for a period in excess of five years;

C. In the case of a person liable as aforesaid to contribute to the maintenance of the infant, that he has persistently neglected or refused so to contribute;

D. In any case, that the person whose consent is required cannot be found, or is incapable of giving his consent or that his consent is unreasonably withheld.

Abandoned children are usually wards of the state and the local Government appoints the Social Welfare Department to be their legal guardians. Age Requirements: The child should be under the age of 21 years old.

Sibling Requirements: The Social Welfare Department prefers that a sibling of the prospective adoptive child be adopted by the same family, if the sibling is also available for adoption.

Requirements for Special Needs or Medical Conditions: Living conditions of prospective adoptive parents must be conducive to the child's needs.

Waiting Period: Prospective adoptive parents must have had the child in their care and possession for a period of three continuous months before an adoption order will be issued by the court. The total waiting period could be less than four months.

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information